Anti dumping duty on imports of certain rubber chemicals

Government of India
Ministry of Finance
(Department of Revenue)

Notification No. 133/2008-Customs

New Delhi, the 12th December, 2008

G.S.R. (E). – Whereas in the matter of imports of certain rubber chemicals, namely, MBT (having chemical description 2-Mercapto Benzothiazole), CBS (having chemical description N-Cyclohexyl-2-Benzothiazole Sulphenamide), TDQ (having chemical description Polymerized 2,2,4 – Trimethyl-1,2- dihydroquinoline), PVI [having chemical description N-(Cyclohexylthio) Pthalimide], TMT (having chemical description as Tetramethylthiuram Disulfude) and PX-13 (6PPD) [having chemical description N-(1,3-dimethyl butyl)-N Phenyl P-1] (hereinafter referred to as the subject goods), falling under Chapter 29 or 38 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the People’s Republic of China and Korea RP (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No. 14/5/2007-DGAD dated the 28^th February, 2008 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28^th February, 2008, had come to the conclusion that –

(a) the subject goods had been exported to India from the subject countries below its normal value;

(b) the domestic industry had suffered material injury; and

(c) the injury had been caused by the dumped imports from subject countries;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject countries;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 61/2008-Customs, dated 5^th May, 2008, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 337(E), dated the 5^th May, 2008;

And whereas, the designated authority in its final findings vide notification No. 14/5/2007-DGAD dated the 1^st October, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1^st October, 2008, had come to the conclusion that-

(a) imports originating in the subject country are taking place at dumped prices and the same had caused material injury to the domestic industry;

(b) subject goods exported from the subject countries were at prices below their normal values, non injurious price of the domestic industry and the net sales realization of the subject goods of the applicants, and had caused injury to the domestic industry;

(c) decline in market share of domestic industry as a consequence of increase in market share of subject imports from the subject country prevented the domestic industry from increasing their sales commensurate to growth in demand;

(d) significant price-undercutting and substantial increase in the volume of dumped imports adversely affected the performance of the domestic industry in terms of profits, cash flow, and return on investment; and

(e) significant increase in volume of dumped imports from the subject country (both in absolute terms as well as in relation to the share in demand) had resulted in significant decline in market share of the domestic industry;

and had recommended the imposition of definitive anti-dumping duty on  imports of the subject goods  originating in or exported from the subject country;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the , the Central Government, on the basis of the aforesaid findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2),  the specification of which is specified in column (4) of the said Table, originating in the country specified in the corresponding entry in column (5), and exported from the country specified in the corresponding entry in column (6) and produced by the producer specified in the corresponding entry in column (7) and exported by the exporter specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10) of the said Table.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, that is, the 5^th May, 2008, and shall be payable in Indian currency.

Explanation. – For the purposes of this notification “rate of exchange” applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

[F.No.354/166/2007 -TRU]

(Unmesh Wagh)
Under secretary to the Government of India